On the (in)dependence of public service media in the Czech Republic (on the background of a resolution of the Czech Television Council)
Abstract
Public service media is an important tool for meeting a number of important needs, democratic social and cultural needs, of the members of a given society. However, they can only truly and effectively fulfil this role if they are independent and autonomous, both materially and institutionally. As the case-law of the European Court of Human Rights shows, states are obliged to guarantee the pluralism and independence of public service media. This means that they must refrain from any illegitimate interference with the right of freedom of broadcasting. They are also under a positive obligation to adopt a legal framework for the operation of public service media which guarantees their institutional independence and thus enables them to carry out their activities without political or other interference.
The example of the Czech Television Council Resolution of 20 October 2022 illustrates that Czech councillors are often unaware of what their role actually consists of. The reasons that led to the adoption of the resolution in question, i.e., the long-standing understaffing of this collective body caused by the inaction of the Chamber of Deputies, are indicative of a deeper problem. They indicate that the Czech Republic is not adequately fulfilling the obligations arising from its position as the main guarantor of the institutional independence of public service media. The correctness of these conclusions is confirmed by the recent actions of the Czech Government, which has prepared a partial amendment of the laws governing public service media. If this amendment is approved, it will change both the way councillors are appointed and the way they vote. As a consequence, the representativeness of these control bodies should be strengthened and the risk of possible political interference in their activities reduced.